Trump, Giuliani, others appeal to remove Willis and dismiss Georgia case

March 30 (UPI) -- Former President Donald Trump, former New York City Mayor Rudy Giuliani and seven co-defendants say a Georgia judge erred in allowing Fulton County District Attorney Fani Willis to continue prosecution over alleged interference with the 2020 general election.

Trump and eight co-defendants on Friday appealed Superior Court Judge Scott McAfee's ruling this month allowing Willis to continue prosecuting the case that McAfee said is "encumbered by the appearance of impropriety."

The filing with the Georgia Court of Appeals says the case should be dismissed due to a alleged misconduct by Willis which they contend disqualify her from the case.

Trump and other defendants say Willis' made extrajudicial and false statements and false testimony, which amount to forensic misconduct that requires her disqualification.

They also assert McAfee erred in ruling Willis had no personal stake in the case despite maintaining a romantic relationship with special prosecutor Nathan Wade prior to and leading up to the trial.

They also say McAfee erred by declaring Willis had no conflict of interest in the case and should have disqualified if Wade resigned, which he did within hours of McAfee issuing his ruling in the case review.

Willis has said she wants to get the trial underway before the Nov. 5 general election in which Trump and President Joe Biden are the presumptive nominees.

She is prosecuting Trump and 14 co-defendants for alleged violations of Georgia's Racketeer Influenced and Corrupt Organization Act and claims the defendants conspired to overturn the federal election results in Georgia.

Trump, Giuliani and the other seven co-defendants appealing the matter want the appellate court to remove Willis and the Fulton County District Attorney's office from the case and dismiss it.

The request for an appeal must be accepted by the Georgia appellate court and argued before and decided by a panel of up to five judges. If the court refuses to hear the appeal, the case will continue to trial.